Administrative law oversees government bodies responsible for administration, including councils, agencies, and commissions. These bodies have the power to create rules and regulations, grant licenses and permits, and issue orders to comply with certain laws. Judicial review procedures exist in most countries, allowing for review of administrative decisions. Examples of administrative bodies include the Equal Employment Opportunity Commission in the US and the Conseil d’État in France. Administrative law is relatively new in some countries, such as Brazil and China.
Administrative law is the branch of law that oversees government bodies responsible for administration. Agencies performing administrative functions generally operate as a branch of public law and deal with the decision-making bodies of government. Councils, agencies and commissions are bodies that function as part of the administrative law system. As legislatures around the world have created additional government agencies to regulate social, political, and economic cultures since the early 1900s, this type of law has expanded internationally.
Regulatory administrative laws apply to public officials and public bodies. Administrative authority is different from legislative or judicial authority in that it includes the power to create rules and regulations based on the statutes that the legislative authorities bring into effect. These bodies also have the power to grant licenses and permits, initiate investigations and provide remedies for complaints, supervise the conduct of government business, and issue orders to parties to comply with certain rules or laws. Administrative law judges are government officials who act with quasi-judicial powers in conducting hearings, issuing factual findings, and issuing compliance orders.
Administrative law is less subject to review than civil or criminal law in most countries, but there is generally a review process. Judicial review procedures usually work in conjunction with legislation or other legal doctrines that create the standard for proper rulemaking. These laws generally allow administrative bodies to review the decisions of semi-private entities such as disciplinary committees, non-profit corporations or other entities concerned with the rights of a particular group of people. Under the principles of judicial review, some decisions of administrative law bodies may be reviewed on the basis of due process or basic justice requests, depending on the country. Administrative appeal differs from judicial review in that judicial review allows the judge to examine only the procedures and methods used by the administrative body to reach the decision, while administrative appeal decides whether the decision itself was correct.
Some examples of administrative bodies are those in the United States that oversee employment equity and antidiscrimination laws, such as the Equal Employment Opportunity Commission; and those that regulate eligibility for government benefits, such as the Office of Disability Adjudication and Review. In some countries such as France, administrative law bodies such as the Conseil d’État handle complaints against the national government. While administrative laws and the bodies that create and enforce them have been around for hundreds of years in some form, they are new to many nations. In Brazil, administrative law was introduced in the form of regulatory agencies as part of the executive branch in 1998. China did not see the benefits of administrative law until the 1980s, during the period of economic reform carried out by Deng Xiaoping .
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